Research On The Victim's Fault In Criminal Law

The victim as a party in the criminal legal relationship main body,its formation or development of crime results in sometimes played a crucial role,so to the qualitative nature of criminal behavior accurately,and must be the victim of the behavior of the perpetrator will into the mechanism of criterions for the conviction,to a more fair and reasonable decision.This paper will be divided into five parts to the problem of the victim fault analysis and research,the first part of the victim a definition,not all people can become the victim,and further introduces the concept of the victim's fault,as to be able to affect the behavior person the criterions for the conviction of the victim fault has its unique characteristics,and to set up the victim fault,must have some conditions.The second part will introduce the victim fault in other individual countries as well as the legislative status of the victim fault mount legislative and judicial status quo in our country,in order to illustrate the victim fault not be explicitly stipulated in the law in our country,referring to some judicial interpretations and meeting minutes,as a discretionary plot,is based on some related principles of criminal law.The third and fourth part of the perpetrator will emphasis on the victim fault basis and its concrete embodiment,criterions for the conviction of the victim fault why can affect the behavior person the criterions for the conviction of this paper,through theoretical basis and often appear in judicial practice by the victim fault,affect the perpetrators of the criterions for the conviction of several typical fault charges to illustrate the victim impact behavior person of criterions for the conviction,fault is the limit of the crime and the crime,the victim or the boundaries of this crime and those crimes.The last part will be in line with the actual conditions of our country,and puts forward the victim fault must be legal,to legalize it not but the fair value of the criminal law requires that there is conducive to the realization of fairness and justice,and be able to have the effect of certain crime prevention,finally put forward some idea of constructing the victim fault system,the reference from the experience of other countries,puts forward how to establish the victim fault on the legislative and judicial system.